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24.06.2019

rrc
(Allowed)
C.R.M. 5175 of 2019
In Re:- An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure, 1973.

In the matter of : 1. Hasibul Ansari

2. Rabiul Ansary @ Robiul Aoyal Ansari

3. Kalu Ansari @ Saifulla Ansari
… petitioners

Mr. Sourav Mukherjee
…..For the petitioners

Ms. Kakali Chatterjee
……For the State

Apprehending arrest in course of investigation of Domkal Police

Station F.I.R. No. 200/2019 dated 11th March, 2019 under Sections

498A/Section306/Section304 of the Indian Penal Code, the petitioners (victim’s

husband, brother-in-law and uncle-in-law) have applied for anticipatory

bail.

We have learned advocates for the parties and perused the

materials in the case diary.

It appears that the victim died after 13 years of marriage with the

petitioner no. 1. Her death took place on 22nd February, 2018 and the

First Information Report (hereafter the F.I.R.) was registered on 11th

March, 2019. The delay of 13 months in lodging the complaint has been

attributed to failure and/or neglect on the part of the petitioners to

agree to a settlement.

2

Having regard to the abnormal delay in lodging the F.I.R. and the

reason therefor, we are of the considered view that custodial

interrogation of the petitioners may not be necessary for effective and

meaningful progress of investigation of the F.I.R.; hence, we are inclined

to grant the prayer for direction as made in this application.

The application being CRM 5175 of 2019 is disposed of with the

direction that in the event of arrest, the petitioners shall be released on

bail upon furnishing bond of Rs.10,000/- each, with two sureties of like

amount each, one of whom must be local, to the satisfaction of the

arresting officer and also subject to the conditions as laid down in sub-

section (2) of Section 438 of the Code of Criminal Procedure.

(Saugata Bhattacharyya, J.) (Dipankar Datta, J.)